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Brooklyn Family Law Blog

Divorce or legal separation?

Marriages are very complicated relationships, and often it is not simple to know how to proceed when the relationship beings to dissolve. While many couples choose to move toward divorce, ending the marriage is not always the answer for every couple.

Legal separations offer a middle ground between a relationship separation and a divorce. Depending on the factors in your marriage that cause your conflicts, a legal separation may actually serve your needs better than a divorce.

Asset division judgment may delay high-asset divorce cases

When tensions are high, divorce proceedings can take years to complete. When the battle also involves a considerable amount of money and assets, a lengthy process is not uncommon. Asset division can often cause the most contention, and many New York residents often want to fight for what they feel they deserve as a outcome of their legal proceedings.

One former couple in another state are still awaiting their settlement judgment after a divorce case spanning nearly a decade. Reports stated that the woman filed for divorce in 2009 from her multimillonaire husband, Richard Stephenson, the founder of Cancer Treatment Centers of America. The divorce itself was finalized last year, but the parties are still working to determine what the exact settlement terms may be.

Child custody terms may affect New York grandparents

The impacts of divorce can be far reaching and long lasting. Even individuals outside the immediate family can keenly feel the effects, especially when it comes to child custody. Grandparents in particular may fear the shift that can come along with these proceedings, and many individuals certainly hope that the custody arrangements do not adversely affect familial relationships.

Some New York residents may be concerned about issues that may arise between parents and grandparents after divorce. Though a parent may have been on good terms with his or her in-laws, the situation can change dramatically after divorce and when it comes to decisions for the children. For instance, if a child wants her ears pierced and the mother says no but her paternal grandmother says yes, serious conflict could arise.

Facing fear may help New York residents with divorce

Facing a fear can be one of the most terrifying and liberating moments in a person's life. Of course, the particular circumstances and causes of the fear can play a considerable role in how and when an individual may choose to tackle that endeavor. When it comes to fear of divorce, New York residents who are in unhealthy relationships may find themselves wanting to face that fear sooner rather than later.

Because taking the steps to overcome an obstacle can often prove challenging, some individuals may wish to determine the best methods for working on those obstacles. For instance, staying in the present moment may benefit some parties. Rather than thinking ahead and imagining worst-case scenarios, individuals may feel more in control and able to handle a potentially stressful situation by taking it one moment at a time.

Asset division: New York residents may need a business valuation

Most New York residents have a growing attachment to different assets and property they have obtained. Because of these attachments, asset division during divorce can often prove contentious, and individuals may fear that they will lose something dear to them. When businesses are involved, owners may feel particularly concerned about what may happen with their companies.

Because money and value plays a significant part in dividing assets, the valuation of a business will also have an importance. Determining this value may be done in different ways, but often, assets, revenue, leadership and competition can all be factors in how much value a company may have. Additionally, intellectual property may also go into consideration, and that type of property could include patents, cash flows and profits.

Do you know what to bring to a divorce consultation?

Even if you are sure you want to divorce, you might not be sure how to make the first steps. For many people, the first they do is set up a consultation with a divorce attorney, which is a wise move. But, do you know how to get the most out of this consultation?

Attorneys can only help you as much you help them. The better prepared you are for your consultation, the better picture you create for the attorney, allowing them to more accurately prepare a strategy that protects your interests.

Unnecessary difficulties can strain New York child custody

While ending a marriage may not commonly feel like a walk in the park, the situation can become even more difficult to approach when an ex-spouse is particularly contentious. Selfish individuals or parties with violent tendencies can often cause serious issues during and after the divorce process. As a result, many New York residents may find themselves wondering how to deal with unnecessary complications, especially when it comes to child custody.

Though many divorced couples would much rather not have to see each other, individuals with children cannot often achieve such a goal. Unfortunately, one parent may try to cause issues by having an unwillingness to compromise even slightly when it comes to custody arrangements. Though children may enjoy an unexpected visit, one parent may deny the visit due to his or her own resentment toward the other parent.

Divorce: Natalie Maines, Adrian Pasdar end 17-year marriage

No point in a relationship exists in which a couple will know that their marriage will last forever. In fact, some individuals who have been married a short time and others who have been married for decades could both feel the need to divorce. Such decisions depend wholly on the particular circumstances of individual cases, and New York residents of any age may decide that the time is right to move on from an unhappy relationship.

Recently, musician Natalie Maines made such a decision as she filed for divorce from husband and actor Adrian Pasdar. The couple have been married 17 years, and reports indicated that Maines has cited irreconcilable differences as the reason for her choosing to end the marriage. No further details were available regarding the reason for the breakup.

Communication may play important role in New York child custody

Though most parents have a great deal of concern for their children, they may find themselves putting their kids in compromising positions. The parents may not realize that they have done so, as seemingly harmless actions can have considerable impacts on kids. Children may be particularly susceptible to feeling caught in a tough spot when it comes to their parents' divorce and child custody.

Many New York parents often have a difficult time communicating with each other after divorce. However, a mistake that parents may want to avoid is using their children to relay messages from one parent to another. This situation can put a great deal of stress on kids as they may feel that they are no longer being cared for by both parents but, rather, fell like they are only acting as a messenger. 

Mediation may help create prenups for potential asset division

Because divorce can bring up many life issues, some individuals like to take the time to plan ahead for such an event. Particularly, New York residents may wish to determine what steps they could take in order to help any asset division proceedings go more smoothly should the marriage not work. Luckily, individuals could utilize mediation in order to come up with a prenuptial agreement.

In many cases, certain people feel taken aback by the idea of creating a prenup. One spouse may request the agreement, and the other spouse may feel as if the request is some slight against him or her. However, the topic and creation of a prenuptial agreement does not have to be approached with hostility. Mediation can allow parties to work together to determine what terms they feel most comfortable with.

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